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Insurance Law - LAWS8080
Basser Steps

 
Faculty: Faculty of Law
 
 
School:  Faculty of Law
 
 
Course Outline: See below
 
 
Campus: Kensington Campus
 
 
Career: Postgraduate
 
 
Units of Credit: 6
 
 
EFTSL: 0.12500 (more info)
 
 
Indicative Contact Hours per Week: 2
 
 
Enrolment Requirements:
 
 
Prerequisite: Academic Program must be either 9200, 9210, 5740 or 9230
 
 
Excluded: JURD7380
 
 
Fee Band: 3 (more info)
 
 
Further Information: See Class Timetable
 
 

Description

This course provides an advanced analysis of law and policy covering general insurance. The insurance industry has undergone unprecedented levels of economic and legal reform, as well as rapid convergence with, and sometimes divergence from, other financial services. This course studies the mix of case law and statutory regulation (including codes) that makes up contemporary insurance law. Note that the course does not cover life insurance or health insurance.


LLM Specialisations

Corporate and Commercial Law; Corporate, Commercial and Taxation Law.

Recommended Prior Knowledge

None

Course Objectives

A candidate who has successfully completed this course should be able to:
  • Understand the role of insurance
  • Understand the regulation of general insurance and in particular the differing roles of APRA and ASIC
  • Understand the law as it relates to the formation and content of insurance contracts
  • Have a critical familiarity with the issues that arise in disputes under insurance contracts

Main Topics

  • Key insurance concepts
  • Insurance in risk management
  • Regulation structure
  • Prudential regulation
  • Financial services licensing
  • Non-disclosure and misrepresentation
  • Insurance contract - conditions
  • Insurance contract - exclusions
  • Remedies under s54 Insurance Contracts Act
  • Directors and officers liability insurance
  • Commercial property and industrial special risks insurance
  • Reinsurance

Assessment

Class participation Preparation and engagement in class and one short presentation to class 15%
Essay synopsis 1,000 words 15%
Research essay  5,000 words 70%
 

Course Texts

Prescribed
Please refer to course outline.

Recommended
Please refer to course outline.

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© The University of New South Wales (CRICOS Provider No.: 00098G), 2004-2011. The information contained in this Handbook is indicative only. While every effort is made to keep this information up-to-date, the University reserves the right to discontinue or vary arrangements, programs and courses at any time without notice and at its discretion. While the University will try to avoid or minimise any inconvenience, changes may also be made to programs, courses and staff after enrolment. The University may also set limits on the number of students in a course.